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HomeMy WebLinkAboutCC Minutes 1998-09-14 Regular 9/14/98 t 3 �� STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTISS OF GALVSSTON/HARRIS ) ( ' SEPTEI�ER 14, 19 9 8 ) ( MINUTES OF A REGULAR MSBTING OF THS FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEI�ffiER 14, 1998, AT 7:00 P.M. , AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITIITING A QUORUM: MAYOR HAROLD L. WHITAKER MAYOR PRO TEM JLRRY ERICSSON COUNCILMSMB$R KITTEN HAJECATE COUNCILMS'NiBER TOM MANISON COUNCILMEMBER KIM BRIZENDINE CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZI$ COUNCILMEMBERS DICKEY AND MEASELES WERE ABSENT. MAYOR WHITARER CALLED THE MEETING TO ORDER. THE INVOCATION WAS GIVEN BY MIKB ROSS, RSPRESE3NTING THE CHURCH OF CHRIST. MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. CITY MANAGER COX REPORTBD THAT COUNCILMENIBER MEASBLES WAS ABSENT BFCAUSE HE WAS HAVING EYE SURGERY AND COUNCILMEMBER DICKEY WAS ABSENT BECAUSE SHE tiVAS ATTENDING THE OPSN HOUSE AT FRIENDSWOOD HIGH SCHOOL. COUNCILMEMBER BRIZENDINE REPORT�D ON ATTENDING THE3 BRIO TASIC FORCE MBETING AND THE CLEAR CREEK DR.AINAGE DISTRICT (CCDD) MEETING AND RSQU'ESTED A JOINT MEETING WITH CCDD AND THE CITY BE SCHEDULED FOR SEPTEMBI3R 21. COUNCILMEMBER MANISON REPORTED ON ATTENDING THE REGION H WATER DSVELOPMENT BOARD MESTING AND THAT THE STUDIES WILL BE PRESENTED AT THE HARRIS COUN'PY MAYORS AND COUNCILS ASSOCIATION M88TING THIS WEDNESDAY, AND ATTENDING THE SOIL AND CONSERVATION MEETING HELD AT S. PADRE ISLAND WHERE HE WAS HONORPsD BY THE TEXAS ASSOCIATION OF REGIONAL COUNCILS. COUNCILMEMBER ERICSSON RSPORTED ON ATTENDING THE COI�SUNITY AND ECONOMIC DEVELOPMENT COI�IlKITTI3E MSETING DURING WHICH VISION 2020 WAS DISCUSSED AND THE CITY'S BU2LD OUT, GAVE A R13VIEW OP' THE VISION 2020 MEETING AND REMINDED EVERYONE OF THE NEXT VISION 2020 MEFTING ON SEPTEI�ER 22, WHBRE A QUESTION AtdD ANSNTER SESSION AND A REVIEW WILL BE HELD AT 5:30 P.M. FOLLOWED BY A WORKSHOP AT 6:30 P.M. AND URGED EVERYONE TO ATTEND. COUNCILMEMBSR HAJECATE RBPORTF3D ON ATTENDING THE CHA.1+'�ER LUNCHEON DDRING WHICH CITY MANAGER COX SPOKE ON THE "CITY IN ACTION", AND ATTLNDED THE PRAYER BREAKFAST TUESDAY WHICH WAS HELD AT FRIENDSWOOD HIGH SCHOOL. 9/14/98 � ,J,�'D � MAYOR WHITAKER STATED THAT IN ADDITION TO THE PR.A.YER BREAKFAST, HE ATTF3NDSD THE BLACKHAWK ADVISORY MEETING AND REPORTED THAT CURRENTLY THE MEMBERS ARS WORKING ON THE 1998/99 BUDGET. MR. CHARLIE ORGAN, REPRESENTING THE COMMfJNITY APPEARANCE BOARD, PRESENTED ERNIE'S BACKYARD GRILLE THE OUTSTANDING BUSINESS YARD AWARD. MS. CAROL DEAN, 1907 DESOTA, APPEARED BEFORE COUNCIL REGARDING THE MAJOR THOROUGHFARE COMMITTEE, THE FALCON RIDGE AND FM 528 INTERSECTION, THANKED COUNCILMEMBER DICKEY FOR HER EFFORTS IN GETTING THE LEFT HAND TURN SIGNAL AT TIiIS INTERSECTION, READ TIiE RFP'S REGARDING VISION 2020 AND EXPRESSED HER CONCERN REGARDING QUALIFICATIONS, EXPERIENCE, THE BUDGET PYRAMID AND SUGGESTED TABLING ACTION REGARDING THS BUDGET IIN'PIL THE VISION 2020 V�IORKSHOPS ARE COMPLETED. CITY MANAGER COX REPORTED ON THE CITY/FI5D MEETING THAT WAS HELD ON AUGUST 20 DURING WHICH DISCUSSION WAS CENTERED ON FISD CONSTRUCTION RELATED ISSUED AND STATED THAT THE NEXT MEETING WILL BE SEPTEMBER 17. MR. COX ALSO REPORTED ON THE RESPONSE FROM TXDOT REGARDING INTERSECTION OF FALCON RIDGS/FM 528 AND THAT THE SPEED LIMIT WAS LOWERED TO 55 MPH AND THAT A PROTECTED LEFT TURN SIGNAL HAS BEEN APPROVED AND WILL BE INSTALLED WITHIN THE NEXT 60 DAYS. MR. COX ALSO REPORTED ON THE VISION 2020 WORKSHOPS AND THE DEVLLOPMENT MIX REGARDING RESIDENTIAL AND COMMERCIAL/INDUSTRIAL, ANTD ALSO REPORTED ON THE FORMATION OF A DEVELOPMENT REVIEW CONII�IITTEE WHOSE MEMBERS CONSIST OF TOM BURKE AND BOB BERTRAND FROM THE PLANNING & ZONING COMMISSION; TONY BANFIELD AND PATRICIA SMITH FROM THE COI�iTJNITY AND ECONOMIC DEVELOPMENT COMMITTEE; NEIL RANCOUR FROM THE CLEAR CRSEK DRAINAGI3 DISTRICT; TOMMY RIVES AND KENT BALLARD FROM THE DEVELOPMENT COMMUNITY. THIS COMMITTEE WILL CONCENTRATE ON A REVIEW OF THE PERMITTING PROCESS. MR. COX REPORTED ON THE CHAMBER LUNCHEON AND THE SPEECH HE GAVE "CITY IN ACTION" WHICH HIGHLIGHTED THE MAJOR PROJECTS THS CITY COUNCIL AND STAFF HAVE BEEN WORKING ON THIS LAST YEAR. MR. COX ALSO REPORTED THAT A REPORT PROVIDED BY SOUTHWESTERN BELL WILL REQUIRE ALL AREA CODSS TO BE USED WHEN DIALING EVEN LOCAL CALLS AND THE NEW Al2EA CODE FOR THIS AREA WILL BS IMPLEMENTED JAN[JARY 16, 1999. **COUNCILMEMBER HAJSCATE MOVED TO APPROVE AUTHORIZING AN AGRESMENT TO PARTICIPATE IN THE JOHNSON SPACE CENTER EMERGENCY OPERATIONS CENTSR WITH FIFTE}3N AREA CITIES. SECONDED BY COUNCILMEMBER MANISON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE APPOINTMENTS/REAPPOINTMENTS TO COMN!'CTNITY AND ECONOMIC DEVELOPMENT CONIl�SITTEE. APPOINTED TO THIS CONII�IITTEE AS REGULAR MEMBERS WERE GARY HARRIS FILLING AN UNEXPIRED TERM WHICH WILL END JULY, 1999, DOUGLAS SCHFIARTZ WHOSE TERM WILL EXPIRE JULY, 2000, AND BYRON ALLEN WHOSE TERM WILL EXPIRE JULY, 2000. REAPPOYNTED TO THIS COMMITTEE AS REGULAR MEMBERS WERE KENNY KONCABA, JOHN PEW, AND TONY BANFIELD WHOSE TERMS WILL EXPIRE JULY, 1999, AND ZEKIE MCVEIGH, PATRICIA SMITH AND ANDRE MASSICOTT WHOSE TERMS WILL EXPIRE JULY, 2000. ALSO APPOINTSD TO THE EX OFFICIO POSITION WAS JIM REINHARTSEN, CLEAR LAKE ECONOMIC DEVELOPMENT FOUNDATION. SECOI3'DED BY COUNCILMEMBER MANISON. TAE MOTION WAS APPROVED UNANIMOUSLY. 9/14/98 13 � ' • **CODNCILI�I�BR MANISON MOVED TO APPROVE RE30LUTION N0. R98-27, A R$SOLUTION OF TH8 CITY OF FRIENDSWOOD, TEXAS, ADOPTING STATEMENT SXPRESSING OFFICIAL INTBNT TO RSIMBURSS COSTS OF THE MELODY LANF.—BLACItHAWK WATERLINE PROJECT. SECONDED BY COUNCILMEI+�ER SRICSSON. THS MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEI�ER HAJ$CATE MOVED TO APPROVE RBSOLUTION NO. R98-28, A RESOLUTION OF THE CITY OF FRIENDSWOOD TO ACTIVELY SUPPORT SSEKING INCREASED FUNDING OF THE SOIL AND WATER CONSERVATION PROGRAM IN TEXAS BY THE TEXAS LEGISLATURE. SECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. **COIINCIL�SR BRIZLNDINS MOVED TO APPROVE ORDINANCE NO. T98-14, SECOND READING OF AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AM�NDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY REVISING SUBSECTION P.2 OF SECTION 7 THEREOF BY ADDING A NEW PERMITTBD USE TO THE PERMITTED USE TABLE, SUCH USE BEING PERSONAL CARS HOMLS; PROVIDING DEFINITIONS AND STANDARDS FOR SUCH USES; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING FOR A PENALTY OF AN AMOI]NT NOT TO SXCEED $2,000 FOR EACH DAY' OF VIOLATION OF 11NY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBSR HAJECATE. THE MOTION T�IAS APPROVED UNANIMOUSLY. **COUNCILMEMBER M�iNISON MOVSD TO APPROVE ORDINANCE NO. T98-17, SSCOND READING OF AN ORDINANCE AMSNDING APPENDIX C OF THE FRIE3NDSWOOD CITY CODE, SAID APPENDIX C BTING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTBD THS 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONTNG ORDINANCE OF THE CITY, BY REVISING SUBSSCTION P.2 OF SECTION 7 THEREOF BY ADDZNG A N8W PERMITTED USE TO THE PERMITTED USE TABLE, SUCH USE BEING ADULT ENTERTAINMENT BUSINSSSES; PROVIDING DEFINITIONS AND STANDARDS FOR SUCH USES; PROVIDING OTH}3R MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNP NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HER]30F; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER SRICSSON MOVED TO APPROVE ORDINANCI3 NO. T98-24, SECOND RE�ADING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 85-19, AS AMENDED, ORIGINALLY ADOPTED THE 25TH DAY OF SEPTEMBER, 1985, BEING APPENDIX B OF THE FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE PROVIDING RULES AND RBGULATIONS GOVERNING PLATS AND THE SUBDIVISION OF LAND WITHIN THE CITY, BY ADDING A N$W SUBSECTION (H) TO SECTION III, GENERAL REQUIREMSNTS AND MINIMUM DESIGN STANDARDS TO PROVIDE GUIDELINES AND PROCEDURES ALLOWING THE PLANNING AND ZONING COI�IISSION TO MODIFY THS SUBDIVISION REGIILATIONS, PROVIDING FOR A PENALTY, AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROV�D UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED ORDINANCE T98-25, SECOND RlsADING OF AN ORDINANCE OF THE CITY OF FRIENDSFIOOD, GALVESTON/HARRIS COUNTIES, TEXAS, AFF$CTING PARTICIPATION OF CITY EMPLOYEES IN THE TSXAS MUNICIPAL RETIREMENT SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SECTION 854.202 (g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED, AND PRI3SCRIBING THE EFFECTIVE DATE FOR THE ORDINANCE. (20 YEAR RFsTIREMENT) SSCONDED BY COUNCILMEMBER MANISON. TH8 MOTION WAS APPROVED UNANIMOUSLY. 9/14/98 135 � . **COUNCILOMEI�IDER HAJECAT$ MOVSD TO APPROVE ORDTNANCE T98-26, SECOND RSADING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, GALVESTON/HARRIS COi7NTIES, TEXAS, AUTHORIZING AND ALLOWING, UNDER TIiE ACT GOVERNING THE TEXAS MLTNICIPAL � RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNIIAL BASIS FOR SERVICE PERP'ORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFF]3CTIVE DATE OF TIiB ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF FRIFNDSWOOD, PROVIDING FOR INCREASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT SERVICE ANNZJITY RESERVE AT RETIREMENT; INCREASING THE RATE OF DEPOSITS TO THE TEXAS MLTNICIPAL RETIREMENT SYSTEM; AND ESTABLISHING AN EFFECTIVE DATS FOR THE ORDINANCE. (7� 2-1) SECONDED BY COIINCILMSMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. **COIINCILMEMBER BRIZENDINE MOVED TO APPROVE ORDINANCE T98-27, SECOND R13ADING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COI�II�IISSION RECOI�SENDATION REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT F.M. 528 A.K.A. WEST PARKWOOD, CAMP MANISON, TRACT I, 3.7363 ACRES, AND TRACT II, 4.3785 ACRES, OiTT OF SARAH MCKISSICK LEAGUE, ABSTRACT N0. 151, GALVESTON COUN'PY,TEXAS, FROM: SINGLE FAMILY RESIDENTIAL DISTRICT (SFR) , TO: NEIGHBORHOOD COI�iERCIAL DISTRICT (NC) , AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUN'P NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HSREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER ERICSSON. THE MOITON WAS APPROVED UNANIMOUSLY. **COUNCILMEMSER BRIZENDINE MOVED TO APPROVE ORDINANCS T98-28, SECOND RSADING OF AN ORDINANCE3 OF TH}3 CITY OF FRIENDSWOOD, TBXAS, AM�NDING ORDINANCE NO. 84-15, AS AMENDED BY ORDINANCE NO. 293, SAID ORDINANCE NO. 84-15 BBING THE ZONING ORDINANCE OF TSE CITY, AND SAID ORDINANCB NO. 293 GRAN'PING A SPECIFIC USE PERMIT TO THE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT FOR THE CONSTRUCTION AND USE OF CERTAIN EDUCATION-SCHOOL DISTRICT FACILITIES; AMENDING THE SPECIFIC USE PERMIT GR.ANTED BY SAID ORDINANCE NO. 293 FOR LAND LOCATED AT 400 WOODLAWN TO ALLOW ADDITIONAL EDUCATION-RELATED SCIi00L DISTRICT FACILITIBS AND RELATED IMPROVEMENTS THEREON, PROVIDING A PENALTY IN AN AMOtJNT NOT TO EXCE33D $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HERSOF; AND PROVIDING FOR SEVI3R.ABILITY. SECONDED BY COUNCILMEMBER MANISON. THE MOTION WAS APPROVED UANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE T98-29, F'IRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TSXAS, APPBNDIX C, THE ZONING ORDINANCE; BY STRIKING ALL OF APPENDIX A THEREOF, THE SIGN ORDINANCE, AND SUBSTITUTING THEREFOR A NEW APPLNDIX A; PROVIDING A PENALTY; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR RELATED MATTERS. SECONDED BY COIINCILMEMSER HAJECATE. THE MOTION WAS APPROVED UNANIMOIISLY. **COUNCILMEMBER BRIZENDINE MOVED TO APPROVE ORDINANCE T98-31, FIRST AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GENEunT. BUDGLT FOR THE FISCAL YEAR 1998/99; MAKING APPROPRIATIONS FOR THE CITY FOR SUCH FISCAL YEAR AS REFLECTED IN SAID BUDGET, AND MAKING CERTAIN FINDINGS AND CONTAINING CERTAIN PROVISIONS RELATING TO THS SUBJECT. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMENffiER HAJ�3CATE MOVBD TO APPROVE ORDINANCE T98-32, FIRST AND FINAL READING OF AN ORDINANCE PROVIDING FOR THE ASSBSSMENT, LEVY, AND COLLSCTION OF AD VALOREM TAXES OF THE CITY OF FRIENDSWOOD, TEXAS, FOR THE YEAR 1998 AND 9/14/98 353 1 - FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED; PROVIDING FOR THB DATE ON • WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND ' INTEREST ON ALL TAXES NOT TIMELY PAID; AND REPEALING ALL ORDINANCES AND ' PARTS OF ORDINANCES IN CONFLICT HERBWITH. THE TAX RATE IS .6125 WITH .561 TO FUND MAINTENANCE AND OPERATION EXPENDITIIRES. SECONDED BY COUNCILMEMBER BRIZENDINS. THE MOTION WAS APPROVBD UNANIMOUSLY. **COUNCILM$MBER HAJLCATE MOVED TO APPROVE ORDINANCE T98-32, FIRST 1�tdD FINAL READING OF AN ORDINANCS PROVIDING FOR THE ASSE�SSMSNT, LEVY, AND COLLECTION OF AD VALOREM TAXES OF THE CITY OF FRIENDSWOOD, TEXAS, FOR THE YEAR 1998 AND FOR EACH YEAR THEREAFTER UN'PIL OTHERWISE PROVID}3D; PROVIDING FOR TIiTs DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE; PROVIDING FOR PENALTY AND INTERBST ON ALL TAXES NOT TIMELY PAID; AND REPEALING ALL ORDINANCES 1�1ND PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE TAX RATE IS .6125 WITH .0515 FOR DEBT SERVICE. SECONDSD BY COUNCILMBMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBBR BRIZENDINE MOVED TO APPROVE THE CONSI3NT AGENDA AS PRESENTED: A) PAYMENT OF CAPITAL PROJECTS - 1. SAN JOAQUIN PARKWAY STRIsET IMPROVEMENTS WITH THE SIXTESNTH PAYMENT IN THE AMOUNP OF $3,126.15 TO CLAUNCH & MILLER, INC. FOR ENGINEERING SERVICES DURING JULY. THE CONSTRUCTION ADMINISTRATION PHASE IS 70 P13RCENT GOMPLETE. CONSTRUCTION OBSERVATION IS 50 PERCENT COMPLSTE. THIRD PAYMSNT TO TOLUNAY-WONG ENGINEERS, INC. FOR MATSRIALS TESTING FROM MARCH 30 THROUGH APRIL IN THE AMOUNT OF $3,146. APPROVE COI�lSRCIAL SITE PLANS FOR COWARD'S CREEK OFFICE PARK, SNO BEACH IN STONE THROW CENTER, AND COMPASS BANK. C. ACCEPT RESQLUTION FROM FISD GRANTING THE CITY THE RIGHT TO ACCESS ITS ELEVATED STORAGS TANKS ACROSS THFs PROPERTY OF FISD WHEN NEEDED. MINUTES OF AIIGUST 3 AND 10, 1998. SECONDSD BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOIISLY. A MOTION WAS MADE AND APPROVED TO ADJOURN AT 8:20 P.M. MAYOR HAROLD L. WHITAKER ATTEST: DELORIS MCKENZ28, TRMC CITY SSCRETARY